1. Applicant's Name: a. Application Date: 9 June 2016 b. Date Received: 13 June 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable and to change the narrative reason for her discharge. The applicant seeking relief contending, in pertinent part and in effect, she is 90 percent disabled veteran, who was diagnosed with PTSD. Her condition, combined with an undiagnosed mild Traumatic Brain Injury (mTBI), contributed to her being brought under investigation. Per the Board's Medical Officer, based on the information available for review at the time, AHLTA showed diagnoses that included Adjustment Disorder with Depressed Mood, Anxiety Disorder, Depression, Dysthymia, History of Concussion (problems from TBI that include memory lapse and communication disorder cognitive), and PTSD. Despite her difficulties, which dated to before the time she was separated for Unacceptable Conduct, her performance ratings were generally strong from 2005 until June of 2013. In her last performance period she was proficient. In all other rating periods, she was at least eligible to promote and had nine "must promote" ratings. Despite these mental health conditions, the nature of the acts that led to her GOMAR and subsequent discharge is not mitigated: she had unauthorized personal employment as an instructor at the University of Anchorage, Alaska, permitted the presentation of unauthorized material at a medical conference, left work without permission, and created a hostile work environment These types of apparently sustained, personally advantageous acts are not mitigated by her psychiatric and neurological problems, as further evidenced by reviews that showed she did outstanding work even with these problems. The applicant's request for mitigation based on her mental health conditions is not supported by available evidence. In a records review conducted at Arlington, VA on 04 August 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Unacceptable Conduct / AR 600-8-24, Paragraph 4-2b / JNC / NA / General (Under Honorable Conditions) b. Date of Discharge: 4 May 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 1 May 2014 (2) Basis for Separation: She was required to show cause for retention on active duty for the reasons stated below: Derogatory activity resulting in a General Officer Memorandum of Reprimand, dated 20 December 2013, that was filed in her Army Military Human Resource Record (AMHRR). She engaged in off-duty employment without prior permission from the USA MEDDAK-AK Commander; she departed her appointed place of duty without proper authority; she established a hostile work environment; and she allowed material to be presented at a medical conference without having the presentation properly approved by her superiors. Conduct unbecoming an officer as indicated by the above-referenced GOMOR. She has six referred Officer Evaluation Reports for periods of 5 November 2006 thru 4 November 2007, 18 December 2008 thru 17 September 2009, 18 September 2009 thru 11 February 2010, 11 February 2010 thru 6 October 2010, 1 June 2012 thru 15 November 2012, and 16 November 2012 thru 10 June 2013, which were filed in her Army Military Human Resource Record. As a result, she was identified by the FY13 Major, Medical Specialist Corps, Promotion Selection Board to show cause for retention on active duty. (3) Legal Consultation and Appearance before BOI Date: Waived on 20 October 2014 (4) BOI Recommended Characterization: Under Other Than Honorable Conditions (5) DA Ad Hoc Review Board Recommendation: General (Under Honorable Conditions) (6) Separation Decision Date/Characterization: 17 April 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Appointment: 24 June 2005 / Indefinite b. Age at Appointment / Education / GT Score: 39 / Master of Social Work and Master of Education / NA c. Highest Grade Achieved / MOS / Total Service: O-3 / 67D, 9B Behavioral Sciences, and 73A, Social Work / 10 years, 10 months, 12 days d. Prior Service / Characterizations: USAR (22 June 2004 to 8 March 2005) / NA USAR APPT (9 March 2005 to 23 June 2005) / NA Continuous Service and direct appointment e. Overseas Service / Combat Service: SWA, Germany, Korea / Iraq (3 August 2006 to 5 November 2007), (28 January 2007 to 15 April 2008), (17 April 2010 to 3 May 2011) f. Awards and Decorations: ARCOM-3; NDSM-BSS; ICM-5CS; GWOTSM; KDSM; ASR; OSR-6 g. Performance Ratings: 14 OERs, as follows: 28 September 2005 thru 25 January 2006, Outstanding Performance, Must Promote 26 January 2006 thru 7 July 2006, Outstanding Performance, Must Promote 8 July 2006 thru 4 November 2006, Outstanding Performance, Must Promote 5 November 2006 thru 4 November 2007, Outstanding Performance, Must Promote 5 November 2007 thru 17 April 2008, Outstanding Performance, Must Promote 18 April 2008 thru 17 September 2008, Outstanding Performance, Must Promote 18 September 2008 thru 17 September 2009, Satisfactory Performance, Promote 18 September 2009 thru 11 February 2010, Satisfactory Performance, Promote 11 February 2010 thru 6 October 2010, Outstanding Performance, Must Promote 7 October 2010 thru 30 April 2011, Outstanding Performance, Must Promote 28 August 2011 thru 1 June 2012, Outstanding Performance, Must Promote 1 June 2012 thru 15 November 2012, Satisfactory Performance, Promote 16 November 2012 thru 10 June 2013, Satisfactory Performance, Promote 11 June 2013 thru 10 June 2014, Proficient h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum of Reprimand with its associated documents, dated 20 December 2015, indicates the applicant was reprimanded for engaging in off-duty employment without prior permission from the US Army Medical Activity-Alaska Commander; departing her appointed place of duty without proper authority; establishing a hostile working environment for employees with the Behavioral Health Department; and allowing material to be presented at a medical conference without having the presentation properly approved by her superiors. Board of Inquiry Report of Proceedings, dated 20 October 2014, reports the findings and recommendations of the BOI. The BOI recommended an under other than honorable conditions discharge. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: VA decision letter, dated 26 October 2015, indicates the applicant was assigned 50 percent for PTSD. Report of Medical History, dated 1 December 2014, indicates the applicant and the examiner noted behavioral health issues, including PTSD diagnosis. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for Correction of Military Record), dated 9 June 2016, and VA rating decision letter, dated 26 October 2015. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): Army Regulation 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. A discharge of honorable, general (under honorable conditions), or under other than honorable conditions characterization of service may be granted. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JNC" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4, paragraphs 4-2b, unacceptable conduct. Secretary of Defense Memorandum for Secretaries of the Military Departments (Subject: Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members' discharges. "Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre- existing conditions which are determined not to have been incurred or aggravated while in military service." "Conditions documented in the record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which PTSD or PTSD related conditions may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the under other than honorable conditions characterization of service. Correction boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service other than honorable conditions. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD or PTSD-related conditions as a causative factor in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Correction Boards will also exercise caution in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct." 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable and to change the narrative reason for her discharge. The applicant's record of service, and the issues and documents submitted with her application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because the quality of her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by Army officers. It brought discredit on the Army and was prejudicial to good order and discipline. The applicant diminished the quality of her service which led to the reason for her discharge. The applicant provided no corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence that her service mitigated the unacceptable conduct or poor duty performance, such that she should have been retained on Active Duty. The applicant contends she is 90 percent disabled veteran, who was diagnosed with PTSD, and her condition, combined with an undiagnosed mTBI, contributed to her being brought under an investigation. A careful review of her available record and her documentary evidence indicates the applicant's behavioral health issues along with notable service-connected post-traumatic stress disorder symptoms existed, and the applicant contends they were contributing factors that led to her misconduct. If the Board determines the applicant's behavioral health issues were significant contributing factors to her misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. The applicant requests to change the reason for her separation; however, the narrative reason for her separation is governed by specific directives. The narrative reason specified by AR 635- 5-1 for a discharge under AR 600-8-24, Chapter 4, paragraph 4-2b is "Unacceptable Conduct," and the separation code is JNC. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with her overall service record. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 04 August 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a new DD-214/Issue new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20160014111 1